Showing posts with label Punishment. Show all posts
Showing posts with label Punishment. Show all posts

Friday, January 25, 2013

Domestic Violence - Crime and Unjust Punishment

Of all of the violent crimes in the world, domestic violence seems to be the one that is the least serious when it comes to punishment. Domestic violence victims are often hiding and not reporting crimes that are happening for fear of their lives and their own well being, or seem to be perfectly content to give up their lives to become homeless as a means of escaping this situation. Why are the offenders of this crime going free, when they should be serving mandatory prison sentences because of the heinous nature of the crime?

Women around the world are suffering because of this popular and under-punished crime. Children and young adults are raised in a society where this is simply an acceptable form of torture for many, because no one will take them very seriously in this matter. By not taking offenders more seriously, the public justice system has basically shown the world that it's okay to beat women, and that if you are a battered woman, you need to leave and start over somewhere else. Someone commits animal abuse and it lands them in jail for at least 6 to 12 months or more. If a man beats his wife, he's generally off the hook or at least out on probation in no time at all.

Prisons are overcrowded and room needs to be saved for the serious offenders. It is what people are told all the time. How serious does a situation have to be when a person is harming another human being to the point of severe injury and mental intimidation on a daily basis? Law enforcement will show up and do the same thing that they always do: give the offender a night in jail or two so that the victim can pack up her things and leave.

Domestic Violence - Crime and Unjust Punishment

Why does the victim have to be the one leaving? She didn't do anything wrong. Now, giving a woman this ultimatum further proves to them that it's okay for this to happen in the eyes of the law, but she's got to leave if she wants it to stop. No one should ever have to live like this and especially not someone who is being abused physically and mentally to the point where their life is turned upside down. Victims leave their homes to stay with friends and relatives, or end up on the streets, becoming another statistic in the sad world of domestic violence crimes. Many never receive the help that they need, which allows them to go on with their lives being battered from one relationship to the next because they simply expect it to be that way.

Many of these women who have otherwise wonderful lives are forced into a situation that offers them only two choices: stay and take it, or leave and give up everything that you've worked so hard for to become homeless. When children are involved, it becomes even more serious of a situation, because the children inherently become homeless, as well. It should not be families that are forced to give up their lives to run away and hide. It should be offenders that think that beating their victim is okay that are locked up in jail for a serious crime and equally serious punishment, and not released until they have been rehabilitated.

Put them into a special prison with other domestic violence offenders. If there isn't room in the current system, build them their own facility. Let them live with a bunch of other offenders and let them become victims, even if only for a minute. Support them with anger management and other classes that can help bolster their own self esteem so that they don't take out their issues on their spouses and/or children. It seems fair enough to at least hold them accountable for something.

Either way, victims need to get out of the situation that they are in. They deserve more justice and better support in their situation than just being separated from their batterer long enough to pack up their lives and leave. If the offense was taken seriously, and offenders were jailed for a REAL crime and a real sentence, victims might feel a little less like they just have to deal with it and do what it takes to make the best of it. When society and the current justice system teaches our young women and children that this is an acceptable situation and the only resolution is for them to leave, what are they really being taught? Without a change in the system, that's the message that's being sent, whether anyone will admit it or not. Do you really want the children of the world growing up to see the system failing battered victims and becoming victims themselves? The current system is teaching victims and offenders alike the same thing: if you've got a problem with violence and don't want to wind up facing serious jail time, beat your spouse, not your pets. If they don't like it, they'll leave.

Domestic Violence - Crime and Unjust Punishment
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Is this the message you want your children to learn? Domestic violence is NEVER acceptable, and the system needs to be changed to reflect that. Learn more now and get your voice heard at [http://www.DomesticViolenceAdvice.org].

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Friday, November 30, 2012

White Collar Crime and Punishment

What is White Collar Crime?

The first definition of white collar crime is attributed to the noted criminologist Edwin Sutherland. Sutherland is well known for the theory of "differential association". This theory states that criminal behavior is learned in association with others rather than an inherent personality trait. Sutherland's definition of white collar crime is: "a crime committed by a person of respectability and high social status in the course of his occupation" (1939).

White collar crimes are in many cases also referred to as corporate crimes. These can consist of forgery, embezzlement, extortion, identity theft, securities fraud, conspiracy and computer crime among others.

White Collar Crime and Punishment

The Federal Bureau of Investigation has their own definition that is more narrowly defined as: "those illegal acts which are characterized by deceit, concealment, or violation of trust and which are not dependent upon the application or threat of physical force or violence" (1989)

What are the penalties for White Collar Crime Convictions?

White collar crimes can be prosecuted on either the state or federal level, depending on what kind of law was broken. Penalties for these types of crimes vary. Sentencing is dependent on the amount of money involved in the fraudulent activity and there are no firm rules in determining this amount. Convictions usually result in jail time, large fines and restitution to the victims of the crime. In state jurisdictions sentences are usually lighter than the maximum sentences allowed for the crime. The mean sentence for fraud is 12 months; embezzlement, 9.9 months; bribery, 16.2 months; tax offenses, 16.6 months; antitrust fraud, 12.7 months; and money laundering, 46.3 months

If the crime is considered a federal offense mandatory federal sentencing guidelines come into play. Federal sentencing guidelines which give judges very limited discretion have been around since 1987. Largely in response to the high profile corporate fraud cases of Enron, World Com and the like, sentencing was stiffened in 2002. The maximum punishment for wire and mail fraud, the most common white-collar infractions, was increased from 5 to 20 years. Sentencing Commission statistics show that the rates of incarceration for certain white collar crimes are greater than those for criminals who possess drugs or firearms. In comparison the maximum federal punishment for voluntary manslaughter is ten years.

Controversial Sentencing for White collar Crime

There has been a large amount of controversy concerning the severity of federal mandatory sentencing guidelines. Congress passed the Sarbanes- Oxley Act in 2002. This legislation set new or enhanced standards for all U.S. public company boards, management and public accounting firms, and also set sentencing standards for convictions. Since it was passed Congress and the Supreme Court has faced the issue on numerous occasions trying to further define the laws and determine whether to strengthen or weaken the penalties for a conviction. It does not look as if the controversy will lessen in the near future.

White Collar Crime and Punishment
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White Collar crimes are some of the most difficult cases to defend. Choosing a criminal Attorney familiar with the state and federal statues for white collar crime can be instrumental in determining the outcome of a case. Contact The Dick Law Firm for board certified criminal attorneys. http://www.thedicklawfirm.com

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